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In a real sense, the definition of highest and best use
encompasses four tests. It is ...
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the most probable use of land or improved property that is
legally possible, physically possible, financially
feasible (and appropriately supportable) from the market,
and which results in maximum profitability.
An attempted analysis of
highest and best use involves two considerations: [1] the
most likely and profitable use of the site "as if vacant"
under the requirements set forth above and, [2] if a
property is "already improved", it is the use that should
be made of the property to maximize value for non-income
producing properties or, maximize
net operating income on a
long range basis for investment properties. In cases where
capital expenditure is necessary to renovate or improve an
income producing property, these costs must provide a
sufficient rate of return (to the owner) for the total
amount invested in the site and building improvements.
Basic highest and best use
assumptions include:
- If the property is located in an
area "zoned" for commercial use, the maximum
productivity of the land as though vacant
will likely be based on commercial use. If, however, the
competitive level of demand is greater for say,
residential or multi-family use, then the highest and
best use of the property as improved would be for
residential use. If market preference conflicts with
zoning (and consequently violates the legal
permissibility test), a developer will consider if there
is sufficient profit incentive to justify the added
legal costs, extended time frame, and potential
neighborhood opposition before obtaining a zoning change
and developing the site.
- As long as the value of the
property "as improved" is greater than the value of the
site as "if vacant", the highest and best use is usually
the "improved" property. Once the value of the vacant
land exceeds the value of the improved property
(including demolition costs), highest and best use will
usually dictate that improvements be demolished.
The following are
examples of narratives from appraisal reports outlining
the primary criteria in estimating highest and best use...
LEGALLY PERMISSIBLE USE
The present
zoning classification of Highway Business
encourages the use of the subject property for retail
—clearly a definition consonant with the present use of
the subject property and surrounding properties.
Environmental conditions and urban infrastructure are
adequate to support the present use and it's current use
appears to legally conform with the current zoning
ordinance.
The present
lack of zoning would allow for a wide variety of
residential and/or commercial/industrial uses. As
vacant, the proposed improvements would be legally
permissible subject to the same land use regulations
that apply to all property types such as erosion control
measures, environmental safety, watershed
implementation, and EPA compliance. There were no
apparent adverse easements or encroachments which would
adversely impact subject and there are no known private
deed restrictions which would prohibit full utilization
of the site.
Lack of zoning
in the county and no known restrictions concerning the
property would permit virtually any use. Even though new
zoning regulations may be imminent in the near future,
it is probable that current use patterns (retail and
offices - a supermarket, insurance office, restaurant,
bank branch, convenience store, and so forth) would
entail similar zoning.
PHYSICALLY POSSIBLE USE
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The vacant site is near
level, highly visible from the highway, and is
considered suitable for "low rise" improvements.
Although no soil report has been reviewed, it is the
appraiser’s opinion that the soil has sufficient load
bearing capacity to support construction. All public
utilities are available at the street and capacity for
utilities does not appear to be a limitation.
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If vacant, the site appears to be of
sufficient size to accommodate many types of commercial
buildings and parking requirements for those buildings.
Likely uses would include office or retail. As improved,
the existing retail building adapts well, still has
significant remaining economic life, and therefore
should not be demolished. On the other hand, the roof
should be replaced and exterior painted to sustain the
condition of the building.
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The subject site is mildly sloping at
its most visible/usable portion. Improvements are
possible but construction would be limited by the size,
shape, and topography of the site as well as the ability
of the vacant site to accommodate on-site well and
septic placements. In January, 2002 hopes for a new
sewer line to the area were diminished after local
officials decided against building a sewer line through
the valley. Instead, they elected to spend $150,000 for
a small treatment sewage plant. Further, the
recent construction of a nearby Food Lion Center in this
rural location required construction of an on-site waste
treatment facility that cost in excess of $500,000 and
required the acquisition of four additional acres.
These examples, and the prices paid for raw land, are
reflective of the difficulty, additional development
risk, and increased costs necessary to develop
marginal sites for commercial use.
FEASIBLE AND MARKETABLE USES
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The current market value of
the subject is driven by its current use. A general
shortage of developable sites in this mountainous region
has sustained land prices, encouraged development of
marginal sites, and demolition of those buildings that
no longer produce economic return. Case in point, rapid
development along the Highway corridor. The advent of
growth along the corridor has driven prices out of reach
for most uses except those catering to brand name
retailers, fast food/restaurant chains, and/or strip
centers. Outdated buildings are being acquired and
demolished to make way for more modern structures that
can produce greater economic return.
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For the subject, it is fairly new and the cost to
demolish would appear to make this property too costly
as raw land. The location has high traffic volume – a
requirement for retail use, but it has only marginal
visibility (due to it’s elevation above the highway) and
limited access – also requirements for retail. It’s
present use as retail is constrained by the following: a
lack of road frontage, excessive above-the-road
elevation, small site size, and poor access – factors
that would likely discourage brand retailers from
acquiring the site if vacant. Although access may be
cured at some cost, the elevation of the site, limited
visibility, and blocked signage cannot be financially
overcome. Market data suggests office and "secondary"
retail pricing are competitive. Given these
limitations, probable uses would include: [1] the
continued retail use or, conversion to office use if
conversion costs can be sufficiently amortized.
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The subject site is 15 acres located
off a growing corridor just a short distance from a new
regional mall and corporate business center. Commercial
retail growth is migrating south along this corridor
with secondary commercial uses spilling over to
available off-highway parcels. The site is located
within a mile of the Interstate and Hwy 10 interchange
and within 2 miles of the Interstate/Hwy 101 interchange
– important access/convergence points for the city and
western North Carolina. The site is of sufficient size
to accommodate large trucks and turning radii for those
vehicles. The site has no highway visibility from the
state road but does have potential visibility from the
Interstate which runs parallel to the eastern boundary.
Limited access form the state road, a lack of visibility
from passing traffic, and low traffic counts would
discourage most all types of retail use. Adjoining land
uses are a blend of older residences and varying
commercial uses. Changing land use patterns would not
favor residential development of this parcel if vacant.
Assuming the site were vacant, likely use would include
some type of commercial use. The advent of growth near
the Mall area has driven prices out of reach for most
uses except those catering to expensive name retailers,
fast food, and/or hotel/motels. Lack of road frontage
would preclude development of the first two uses and
hotel/motels already saturate the interchange location
so it is not likely the market would bear further
competition at this location which is more removed from
the highway. The proposed use of the site for a regional
warehouse/distribution center is considered a likely,
viable use. The location of the subject lends itself to
the intended purpose for several primary reasons: [1]
reasonably good access to a convergence of two
Interstate arteries – a major hub for western North
Carolina, [2] visibility from the Interstate, [3]
affordable land prices and, [4] an expanding
employment/population base. Analysis of market data
suggests that an 8 to 15 acre cleared, leveled site is
optimal for this use. A general shortage of developable
sites of this size in this mountainous region has
sustained land prices. Further, the advent of nearby
commercial development has driven the market value of
"as vacant" land to the point where many lots have more
value vacant than older, "as improved" properties. The
proposed improvements appear functionally well designed
and potential rent rates can likely amortize building
and land costs and provide a return to the property
owner. Highest and best use is therefore deemed to
be the proposed use as a warehouses/distribution
facility.
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The subject site is a corner lot located along Hwy
10 at the intersection of WalkDontWalk Street. It
has limited depth but is graded level with street grade,
has considerable frontage, and appears to have good
visibility from passing traffic. Such benefits typically
encourage retail development although lack of sewer
availability along most of the highway limits commercial
development to only the best parcels. The limited depth
of the site and a steeply climbing embankment at the
rear would dictate that only a smaller structure can be
built. The moderate growth of residential
construction in the general area indicates a need for
retail services to meet the needs of the growing
population therefore, assuming the site were vacant,
highest and best use of the site would most likely be
for commercial use where frontage along a primary road
and traffic volume are essential. Thus, if the subject
property were vacant, it is considered best suited for
some type of commercial usage to utilize it’s primary
road location. Market data suggests that a higher
and better commercial use of a site (such as a strip
center) can be obtained by combining multiple parcels.
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The property is presently improved with a one-story
2000 sq. ft branch bank facility. The structure is
reasonably well designed and in good condition however,
it does not have the modern appearance of more recently
constructed facilities. On the other hand, there are no
other branch bank facilities in this section of the
County and the present use as a branch bank is felt to
command a competitive advantage due to the lack of
competition of other banks in the market. Further, it is
the appraiser’s opinion that use of this location for
this purpose may command a premium in the market.
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